M.R. Leiser has posted Proportionality: An Article on Justified Interference, Judicial Method, and Rights-Sensitive Technology Design in EU Law on SSRN. Here is the abstract:
Proportionality is often invoked as if the word itself supplies judgement. It does not. In EU law, the principle is neither a universal solvent nor a single test with a fixed intensity. It is a family of justificatory disciplines that operate in different legal locations: Article 5(4) TEU controls the content and form of Union action; Article 52(1) of the Charter governs limitations on Charter rights; the GDPR and the AI Act embed narrower tests of necessity, balancing, risk reduction and remedial discretion; and courts use proportionality to calibrate remedies. This article reconstructs those disciplines as the constitutional law of technological architecture. Its central claim is that power becomes legally intelligible only when the design of an interference can be traced to a lawful and sufficiently precise reason.
Recommended!
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum